Vol 6, No 4 (2022)

The problems of the historical aspects of the formation of interstate borders, which continue to be the focus of attention of representatives of the scientific and practical community, are analyzed. The above is due, among other things, to the specifics of the geopolitical position of individual border territories, which were the subject of disagreements and disputes. From the standpoint of the theory and methodology of law, the problems around state borders are dictated by the growing objective and natural needs of states and the legally formalized directions of the latter's policy in this area. Attempts have been made to consider some historical aspects of the formation of the legal basis of the Russian-Finnish border. Against the backdrop of increased rivalry between key centers of power, growing contradictions and dynamic changes in international relations, a new rethinking of the historical process of legal registration of the establishment of the border between the two countries will become of particular relevance. An analysis of the early historical patterns and the genesis of the formation of the interstate border makes it possible to build it in line with the revision and reassessment of certain aspects of the logic of the formation of the border space within the framework of the historical and legal process. It is concluded that in modern conditions, on the one hand, the readiness to develop in-depth cooperation within the framework of the emerging new model of behavior in this area and, on the other hand, the moods traditionally taking place in certain political and public circles of Finland regarding the return of the lost Karelian lands determine the use of the most stable border regimes and adequate political and legal mechanisms, procedures to avoid the negative impact of the factor of increasing the process of militarization of the border and individual risks. In the context of a possible change in the policy of the two countries, the theory of legal regulation of the issues under study is of great importance, without which it seems impossible to achieve a balance of the multifaceted interests of states.

The results of a comparative legal study of the legal regulation of medical care for judges in the Russian Federation are presented. We note that at present, in the theoretical and applied legal literature, studies of medical care for judges of courts of various jurisdictions (magistrates, judges of district, military, city, regional, arbitration, cassation courts of general jurisdiction) are not fully represented. As a research methodology, systemic, dialectical, comparative legal and formal legal methods are used. An idea is formed about the regulatory legal framework for medical care for judges and the components of such service are substantiated. The solution of the problems of the article is carried out on the basis of the study of the relevant legislative and scientific sources, by the method of comparative legal research. We conclude that it is necessary to increase their social protection by improving the relevant legal norms and mechanisms for their implementation. We note that in this aspect it is imperative to take into account the opinion and recommendations of the judiciary community. Author’s developments allow to know the system and structure, as well as the procedure for organizing medical care for judges in the modern domestic legal system. Such studies lead to the systematization of scientific ideas about such a significant type of social security for the judiciary and the possibility of its improvement in the general system of their social guarantees.

The features, problems and prospects of scientific discourse on the balance of interests in law are considered. It is noted that today the balance of interests in law has acquired the value of not only value, but rational discourse, which is based on the search for some reasonable relationship between private and public interests. Different approaches to the definition, establishment of a balance of interests in law are given, approaches to the study of the essence of the balance of interests in the theory of law, as well as their branch differences in different legal sciences, which consider such a phenomenon as a balance of interests, as consent, as an agreed result, are considered, as a state of optimal conflict or lack of conflict, as a general legal, constitutional value, a legal method, as a means, etc. The variety of approaches confirms the complexity of the phenomenon of balance in law. The main discussion is in relation to the hierarchy of values and interests, as well as the criteria for admissibility of the priority of interests in the procedures for their balancing. Based on the analysis of a wide range of scientific studies on the balance in law, the balance of interests in law is considered as an element of a more general phenomenon in law. The purpose of the study is to establish the systemic characteristics of balance as a multidimensional phenomenon in law (reality), its prerequisites. The methodological basis includes the use of general scientific and special research methods. Separate methods of analysis, generalization, reconstruction of theories are used, applied within the framework of axiological, structural-functional, formal-legal, comparative-legal approaches. It is concluded that today the balance in law remains a concept, the semantic and content completeness of which is rather uncertain, and the pluralism of views on the definition of the essence of the balance of interests is due to various methodological approaches in its study and the goals set by the researcher, in connection with which the use of teleological approach allows us to recognize it as a goal, with an instrumental, pragmatic one – a means of effective legal regulation, with a structural-functional (systemic) approach to law – balance is an element of legal consciousness and legal ideology, a principle; with the formal legal (jurisprudence of concepts) – the concept; in the socio-humanitarian approach – as a state of social interests.

The relevance of the study is due to the need to understand the phenomenon of the pandemic of a new coronavirus infection in social practice and the development trends of legal norms in connection with its occurrence. The main subject of the study is the transformation of legislation in the field of legal regulation of issues of combating diseases that pose a danger to others. Solving problems of studying legislation on diseases that pose a danger to others, the current changes that have been made to the law in connection with the pandemic of a new coronavirus infection are being studied. We analyze and synthesize the changes promptly introduced by the legislator into the Federal Law “On the Basics of Protecting the Health of Citizens in the Russian Federation”, Decree of the Government of the Russian Federation dated December 1, 2004 No. 715 “On Approval of the List of Socially Significant Diseases and the List of Diseases that Constitute a Danger to Others”. Also, research attention is drawn to the features, norms and rules approved by the Decree of the Government of the Russian Federation of July 2, 2020 No. 973 “On the features of organizing the provision of medical care in the event of a threat of the spread of diseases that pose a danger to others”, as well as to the new sanitary and epidemiological rules SP 3.1 .3597-20 “Prevention of a new coronavirus infection (COVID-19)”, approved by Rospotrebnadzor.

The purpose of the study is to identify and substantiate the international legal characterization of modern challenges and threats in the field of public health. The relevance of the study lies in the fact that the international situation as a whole cannot be characterized as favorable. Demographic problems are growing in the world, poverty, hunger, lack of drinking water are becoming more and more widespread. The question of the emergence of new and the return of already seemingly conquered diseases is acute. Epidemics and pandemics have a complex of causes, conditions and consequences of a political, medical, technological, psychological, economic, social and organizational nature. It is substantiated that one of the real trends in social practice is the problem of the spread of epidemics, pandemics and mass diseases as a possible basis for the international responsibility of states and international organizations. An important legal aspect is the use of the actions of individual states and international organizations. One of the ways out of the crisis is seen in the constant and timely strengthening of national health systems, on the basis of which it was concluded that this will ensure early forecasting of emerging threats, the development of appropriate measures and their localization.

We provide a legal description of the problems that arise as a result of the placement of intellectual property objects on the Internet, mediated violations of the rights of legitimate copyright holders. The purpose of the study: to conduct a legal analysis (legal characteristics and analysis of judicial practice) of problematic issues of regulating the placement of intellectual property objects on the Internet. We point out that the legal protection of intellectual property subjects is possible through the implementation of criminal law and civil law measures adapted to the existing objective realities in cyberspace. We carry out a characterization of the subject composition of copyright holders and subjects of responsibility, cases from judicial practice are given. In addition, we consider pre-trial ways to resolve disputes between authors of works and owners of Internet resources. The study is based on formal legal and comparative legal methods, which have found their application in the legal analysis of the problems of protecting audiovisual works on the Internet. As a conclusion, we express the need for more effective, efficient protection of this institution of law at the present stage of its development by optimizing the criminal law and civil law means of protecting the institution of intellectual property law and the legitimate interests of copyright holders.

In modern conditions, the legal mechanisms of compulsory licensing are of particular relevance as an important tool for the development of domestic technologies. These institutions are designed to encourage owners of intellectual property to use it more effectively in the public and national interests. The relevance, features and problems of compulsory licensing on the claims of the right holders of dependent objects of patent protection are considered. For brevity of terminology, this type of compulsory licensing is proposed to be called “dependent compulsory licensing”. Special attention is paid to the controversial legal requirement that the plaintiff prove the importance of a technical achievement and the materiality of the economic advantages of its dependent result of intellectual activity. Based on the results of a comparative analysis, it was concluded that there is more stringent regulation in Russian civil law compared to international obligations assumed by the Russian Federation, in particular, under the Agreement on Trade-Related Aspects of Intellectual Property Rights dated July 24, 2017. This tightening may impede further improvement and efficiency in the use of objects of patent protection. The conclusion is substantiated that the legal tools and conceptual apparatus used in pt 2 of Article 1362 of the Civil Code of the Russian Federation require detailed study and clarification in order to create legal conditions for the distribution of dependent compulsory licensing in practice, in particular, in the healthcare sector.

We analyze the current anti-corruption measures, taking into account all the features of corruption crimes that have been quite common over the past few years. The study is aimed at a comprehensive study of corruption – not just as a phenomenon, but also as a separate social institution of negative connotation. With the help of such methods as analysis, synthesis, comparison, the following goal is set – to identify what forms of combating corruption are relevant for Russia right now. To achieve this goal, the following tasks are defined: to analyze the features of the phenomenon of corruption and its most dangerous development trends, to assess the state of corruption at the present stage of development of society, to present the most effective forms of counteracting corruption phenomena. We analyze what positions the institution of corruption has taken in modern Russia, what methods and means of counteracting it are relevant today. Special attention is paid to the composition of mediation in bribery. We also consider the features of the development of public control as an independent form of combating corruption at the present stage.

Protection of the sexual integrity of minors is one of the key tasks of criminal law protection. The protection of children from sexual violence is enshrined both in domestic legislation and at the level of international acts. At the same time, these crimes have always been considered one of the most dangerous criminal acts, as they lead to the loss of health and life of these children, as well as to a destroyed psyche. Not the last place in the commission of violent crimes against the sexual integrity of children is the Internet. The purpose of the study is a hypothesis about the need to increase the effectiveness of countering crimes that infringe on the sexual integrity of minors through the Internet. The methodological basis of the study is the methods of analysis and synthesis, which make it possible to identify a causal relationship between the Internet and the growth of crimes against sexual integrity. The statistical method makes it possible to trace the dynamics of the growth of the crimes under consideration, the logical method of presenting the research material is also used, as well as the method of modeling and abstraction. We analyze the possibilities of the Internet for committing the indicated crimes. These opportunities include: a variety of special digital programs that allow you to establish contact with a large number of children, also helping to collect data on children and use them to involve minors in committing crimes against them that infringe on their sexual integrity; the widespread use of mobile devices with access to the World Wide Web allows minors themselves to distribute their images of a sexual nature, which become the property of adults who are interested in receiving them. We focus on the means of committing the indicated crimes: mass distribution, placement and promotion on the Internet of materials containing images of sexual abuse of children; direct sale and receipt of financial rewards for such materials; creation of web studios for viewing pornographic materials; organization of child sex tourism. We identify the following forms of sexual exploitation and abuse of children: Internet harassment, drawing children into viewing materials that are detrimental to their development, where alcoholism, drug addiction, and prostitution are demonstrated and cultivated; involvement of minors in sexual contact; cyberbullying based on real and fake images of the sexual nature of minors; trafficking in minors into sexual slavery, etc. The results of the study are aimed at improving the mechanism for counteracting crimes that infringe on the sexual integrity of minors through the Internet.

The release of a person from criminal liability by terminating his criminal prosecution is an alternative form of resolving a criminal law conflict, tested by Russian and foreign practice. In order to understand how effective this practice is in Russia, what is the current state of law enforcement in this aspect, we study scientific works, decisions and rulings of the highest courts of Russia, analyze the statistical data presented on the official websites of the Prosecutor General's Office of the Russian Federation and the Judicial Department at the Supreme Court Russian Federation. The accomplished work allows us to conclude, including that the modern model of regulation of the institution of termination of criminal prosecution and termination of criminal case is imperfect, the legislator is in search of optimal ways to simplify and speed up criminal proceedings, but with a proper balance of private and public interests. The ratio of the number of terminated criminal cases between the bodies of preliminary investigation and the courts indicates the uneven application of the indicated legal institutions in pre-trial and judicial proceedings, the need for a systematic determination of the causes and conditions affecting these facts, both from the point of view of criminal law and criminal procedure, and criminological aspects, with the identification of their relationship and interpenetration, which would make it possible to establish and consolidate such an approach to determining the effectiveness of law enforcement in the designated issue, which would fully meet the state goals and objectives in the field of criminal policy and would become the foundation for building an optimal model of legal regulation of institutions exemption from criminal liability, termination of criminal prosecution, termination of criminal case.

The purpose of this study is to identify positive and negative digital changes that have affected the activities of judges and other persons involved in the case, within the framework of the trial. Research objectives: to study the prerequisites for the emergence of web conferences as a form of litigation; consideration of the main problems that arise in practice in the framework of electronic record keeping and legal proceedings; analysis of positive legislative innovations in the field of digitalization. We use general scientific methods (dialectical, logical, systemic), private scientific methods (historical, statistical, sociological), as well as special legal methods (comparative legal, formal legal). We review the main changes that have appeared in the procedural codes since January 1, 2022. We draw attention to the absence of legislative deadlines for filing a petition to participate in a court session through the use of the web conference system. We make a distinction between web conferencing and video conferencing. We conclude that it is impossible to fully comply with the procedural form within the framework of an online meeting. This is due to the requirements for the procedure for conducting a trial, including in terms of giving evidence and explanations. We note that there is a failure to comply with certain procedural principles in the application of the system of online meetings, namely the principle of publicity, competitiveness and equality of the parties. We indicate the main advantages of digitalization, which include: the emergence of a new way to submit documents through the use of the public services portal, similar opportunities for obtaining final court decisions, as well as electronic notification of the court session date.

The realities of the modern world order are objectively related to the complication of technological processes: the embedding of specific subjects in them, the use of artificial intelligence and artificial intelligence technologies, as well as the expansion of regulation on an ever greater range of social relations. These factors focus on the modernization of legal regulation in the field of protection of industrial facilities. We analyze the legal definitions of industrial safety and formulate the objectively present difficulties in identifying its content component. We consider and group the basic approaches to the interpretation of industrial safety existing in science. When forming a legal definition that most fully reflects the essence of the category under study, it is proposed to highlight the aspects that should be taken into account in the further study of industrial safety and improvement of the current legislation, namely: a complex of threats of various origins, a set of protected interests and activities of industrial safety ensurers. We make an attempt of the author’s interpretation of industrial safety as a specific area of public relations in the industrial sphere. The streamlining of such relations to a large extent occurs with the help of technical norms, where there is invariably a more detailed regulation of complex operations and processes. An appeal to the history of the regulation of industrial production in the Russian Empire made it possible to draw generalizations and conclusions about the need for further study of this category in order to minimize risks and prevent global man-made disasters. Understanding the legal nature of industrial safety can be important for more effective regulation of complex legal relations in the industrial sector of the economy.